What if Beneficiary dies first?

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Question:
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Category: Probate, Trusts, Wills & Estates
Location: NJ
Subject: Inheritance

If a sister is named as a benificiary in her brothers will,but dies before he does.Does her spouse or her children inherit her share of the will?


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Reply:
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Category: Probate, Trusts, Wills & Estates
Location: NJ
Subject: Re: Inheritance

The language of the Will controls what happens to the disposition.Your lawyer would need to look at the actual language to make a determination. If the Will says "to my sister, xxxx." then it typically would go to her estate. If the will says, "to my sister, xxxx, per stirpes." then the disposition would be to her children. This would also hold true for "to my brother, yyy and sister, xxxx, per stirpes." If the Will says "to my brother yyy and sister xxxx, per capita." then her brother would receive the disposition.
As you can see this is complicated, and you really need to consult a lawyer. I have some information about probate on my website http://www.taxesq.com/ and also on http://www.saveyourestate.com/
I hope this helps!